In 1995, the U.S. EPA promulgated regulations for a subset of hazardous waste. Those rules were set forth in Part 273 of Title 40 of the Code of Federal Regulations (CFR). That subset was referred to as Universal Waste (UW). In order to be subject to the Universal Waste regulations, rather than the stricter hazardous waste regulations, the wastes must be destined for recycling. Although the U.S EPA has recognized four Universal Wastes, it allows states to determine if other wastes are regulated as Universal Waste in their states. Montana has adopted 40 CFR 273 and does not recognize any Universal Wastes other than those set forth by the U.S EPA. The following information provides an overview of the regulations and may help you determine your regulatory status and requirements.

Please review the Overview tab below for a brief synopsis of these requirements.

Overview of Universal Waste Regulation

(§ are 40 CFR unless otherwise noted)

Universal Waste Requirements	Generators and Small Quantity Handlers of Universal Waste	Large Quantity Handlers of Universal Waste	Universal Waste Transporters and Transfer Facilities	Destination Facilities
Prohibitions	May not dispose, treat or dilute waste §273.11	May not dispose, treat or dilute waste §273.31	May not dispose, treat or dilute waste §273.51	Comply with RCRA TSDF Requirements §273.60(a)
Notifications	No Requirements §273.12	Must notify MT DEQ of activities §273.32	Comply with DOT Requirements 49 CFR 171 - 180	Comply with RCRA TSDF Requirements §§273.60(a) - (b)
Waste Management  Requirements	Prevent Releases §§273.13(a) - (d)	Prevent Releases §§273.33(a) - (d)	Comply with DOT Requirements §273.52	Comply with RCRA TSDF Requirements §§273.60(a) - (b)
Labeling and Marketing	Identify specific type of UW §273.14	Identify specific type of UW §273.34	Comply with DOT Requirements §273.52	Comply with RCRA TSDF Requirements §§273.60(a) - (b)
Storage Time Limits	One Year Limit §273.15	One Year Limit §273.35	TEN DAY LIMIT §273.53	Comply with RCRA TSDF Requirements §§273.60(a) - (b)
Employee Training	Inform employees of proper handling and emergency responses §273.16	Ensure employee familiarity with proper handling and emergency §273.36	Comply with DOT Requirements 49 CFR 171 - 180	Comply with RCRA TSDF Requirements §§273.60(a) - (b)
Response to Releases	Immediately contain releases and properly manage released waste §273.17	Immediately contain releases and properly manage released waste §273.37	Immediately contain releases and properly manage released waste §273.54	Comply with RCRA TSDF Requirements §§273.60(a) - (b)
Off-site Shipments	Only to other UW Handler, Destination Facility or foreign destination §§273.18 and 273.20	Only to other UW Handler, Destination Facility or foreign destination §§273.38 and 273.40	Only to UW Handler, Destination Facility or foreign destination.  Comply with DOT Requirements §§273.55 - 273.56	Only to UW Handler, Destination Facility or foreign destination §273.61
Tracking	No Requirements §273.19	Maintain receiving and shipping records for three years §273.39	Comply with DOT Requirements §§262 and 49 CFR 173.2	Maintain receiving records for three years §273.62 (b)

• Never accumulates more than 5,000 kilograms (11,000 pounds) of UW.
• May not dispose of UW.
• May not intentionally dilute or treat UW.
• Must manage UW so as to prevent releases.
• Must immediately contain any releases of UW.  If releases are hazardous waste, must manage as hazardous waste.
• May, within strict limits, crush spent lamps.
• Must mark containers to identify specific type of UW.
• May not hold UW for longer than one year unless necessary to facilitate proper recovery.
• Must demonstrate length of time any UW is in accumulation.
• Must inform employees regarding proper handling of UW and emergency procedures.
• May ship only to other UW Handlers, UW Destination Facilities, or foreign destination.
• Must comply with U.S. DOT shipping requirements.

• Exceeds 5,000 kilograms (11,000 pounds) of UW in accumulation.
• May not dispose of UW.
• May not intentionally dilute or treat UW.
• May, within strict limits, crush spent lamps.
• Must notify MT DEQ of activities.
• Must manage UW so as to prevent releases.
• Must immediately contain any releases of UW.  If releases are hazardous waste, must manage as hazardous waste.
• Must mark containers to identify specific type of UW.
• May not hold UW for longer than one year unless necessary to facilitate proper recovery.
• Must demonstrate length of time any UW is in accumulation.
• Must ensure employees are thoroughly familiar with proper UW handling and emergency procedures.
• May ship UW only to other UW Handlers, UW Destination Facility, or foreign destination.
• Must comply with U.S. DOT shipping requirements.
• Must maintain, for at least three years, records of each shipment of UW received at or shipped from facility.

• May not dispose of UW.
• May not intentionally dilute or treat UW.
• Must comply with U.S. DOT shipping requirements.
• May not hold shipment at any single transfer site for more than ten days.
• Must immediately contain any releases.  If releases are hazardous waste, must manage as hazardous waste.
• May transport UW only to UW Handler, UW Destination Facility, or foreign destination.

• If UW is held more than ten days, then must comply with appropriate Small Quantity Handler or Large Quantity Handler requirements.

• Must comply with requirements for Hazardous Waste Treatment, Storage or Disposal Facilities.
• May ship UW only to other UW Handlers, UW Destination Facilities, or foreign facilities.
• Must maintain, for at least three years, records for each shipment of UW received.

E-waste includes a wide variety of items such as:  cell phones, computers, keyboards, and printers.  Many of these items include small bits and pieces of heavy metals.  Those metals may cause the e-waste to be regulated as hazardous waste if the items are disposed.  However, scrap metal which is recycled, is not considered to be a solid waste, and, is not regulated as a hazardous waste.

Cathode ray tubes (CRT’s) are typically recognized as being the picture tubes in older model televisions.  CRT’s also are used in a variety of diagnostic devices.  In many cases, the CRT glass contains enough lead to cause the CRT to be regulated as a hazardous waste if it is disposed.  Since the lead is not in the form of “bits and pieces” of metal, the CRTs are not eligible for the exclusion of scrap metal that is recycled.  Therefore, a unique regulatory exclusion was created for CRTs that are recycled.